NABIR BHAT Vs. GULLA DAR

JUDGEMENT

(1.) There is deemed service of the respondents. Despite service, respondents are not present. They are, accordingly, set ex parte. Matter is taken up for final consideration. Heard and perused the record.

(2.) By the order dated 03.12.2012 passed in the civil suit in file No. 199, titled, Nabir Bhat v. Gulla Dar and others, learned trial Judge asked both the sides to apprise the court about the orders passed by this Court in O.W.P. No. 514/1998 to ascertain whether the suit before the trial Court can proceed during pendency of the said writ petition as also the effect of its the pendency on the suit.

(3.) On 31.12.2012, learned trial Court passed order thereby consigning the suit to records till disposal of the writ petition purportedly under Section 11 of Code of Civil Procedure (for short the Code) only on the ground that information as sought vide order 03.12.2012 was not provided. The plaintiff has impugned the order dated 31.12.2012 in this revision petition. It is contended that learned trial Judge has passed the impugned order with total non application of mind and has thereby deprived the petitioner of his right to seek trial of the case.